When you are done reading about the Minnesota Eviction Process below, we recommend you purchase the corresponding Minnesota Eviction Notice to be delivered to your Tenant.
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Minnesota Eviction Laws
The Laws Regarding Landlord Tenant issues and Eviction in Minnesota are contained in Chapter 504, 504A and 504B of the Minnesota Statutes. If you are a landlord in Minnesota, it is a good idea to become familiar with these laws, as it might save you a lot of money one day!
Minnesota Eviction Notice
The first step in the Minnesota Eviction Process is the landlord giving the tenant an Minnesota Eviction Notice that says the tenant will be sued in an Eviction Action if they do not comply with the demand in the notice. A Minnesota landlord can evict a tenant for non-payment of rent, lease violations (including criminal activity), and holding over (not moving out when the lease is over).
After the landlord has given the tenant an Minnesota Eviction Notice, and the tenant has not moved, the landlord must now seek relief in court. The landlord should go to the District Court Clerk for the jurisdiction where the property is located and ask to file an Unlawful Detainer action (now called an Eviction Action). The District Clerk will provide a complaint form to be filled out, will collect a filing fee, and will issue a Summons. The Summons and Complaint must be professionally served (delivered) upon the tenant. It will tell the tenant that they are being sued for eviction, and when and where the hearing will be held. The Summons must be served by someone other than the landlord. The landlord should ask the court clerk if they have someone they recommend (process server, constable, etc.) to deliver the Summons and Complaint.
Going to Court
The court date in the Summons will be 7 to 14 days from when the tenant is served. If the eviction is because of criminal activity in the rental unit, the landlord can request to have the court date 5 to 7 days from the date of service. At the court date, the landlord and tenant will each have an opportunity to tell the judge their “side of the story.” If the tenant does not show up, the landlord will win by default. It is very important that the landlord bring all evidence to the court date. The judge cannot rule for the landlord without evidence. The landlord should bring a copy of the Eviction Notice, the lease, the Summons and Complaint, witnesses, photographs, and any other evidence to prove their case. If the judge rules for the landlord, the judge will order the tenant to vacate, but cannot award money for unpaid rent. To recover for unpaid rent, the landlord must bring a separate action in District Court or Conciliation Court.
“Pay and Stay”
At any time before the actual removal of the tenant, the tenant can pay the landlord all the unpaid rent, plus interest (if any), court costs, filing fees, process server fees, etc., and remain in the property. It is advised the landlord only accept cash or certified funds in this situation.
Writ of Recovery
Once the landlord wins the eviction, the landlord may request a Writ of Recovery from the court. This will order the Sheriff to give the tenant a 24 hour notice to vacate the premises. The court may hold off on issuing a Writ of Recovery for up to 7 days if the tenant can show that forcing removal immediately would impose a substantial hardship on tenant. After the 24 hours has expired, and the tenant still has not moved out, the landlord can schedule a move-out time with the Sheriff. At that time, the landlord and Sheriff will go to the property, and the Sheriff will remove the tenant.
Storage of Tenant’s Property
In Minnesota, the landlord must store the tenant’s property if the tenant does not remove it. It is important for the landlord to follow all rules regarding storage of property so as to avoid any future liability.
Next Step: We recommend you purchase the corresponding Minnesota Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges’ rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.